Court No. - 66
Case :- APPLICATION U/S 482 No. - 42913 of 2019 Applicant :- Shatrudhan Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Daya Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material available on record.
The present application under Section 482 Cr.P.C. has been filed for for quashing the criminal proceedings in Criminal Case No.1680 of 2012, Session Trial No.185 of 2014 (State vs. Shatrudhan Maurya), arising out of Case Crime No. 376 of 2012, under Sections 363, 366, 506, 376 I.P.C., Police Station Nebua Naurangia, District- Kushi Nagar on the basis of compromise dated 12.9.2019.
It has been argued by learned counsel for the applicant that the opposite party no.2 lodged a first information report against the applicant in the year 2012 alleging that the applicant has kidnapped his minor daughter aged about 17 years. During investigation, the prosecutrix was recovered and she has stated that she has solemnized marriage with the applicant, however, the charge-sheet was laid against the applicant on technical grounds. The trial against the applicant is pending since 2014. It is stated that prayer for quashing the proceedings of aforesaid sessions trial is being made on the ground of compromise arrived at between opposite party no.2 and the applicant in view of the fact that the prosecutrix has already delivered two children and is living with the applicant for the past several years. Learned counsel states that since the court of F.T.C.-II, Kushi Nagar at Padrauna is lying vacant and the proceedings of the session trial is stalled.
The prayer for quashing the entire proceedings in the aforesaid case is refused.
However, without expressing any opinion on the compromise arrived at between the opposite party no.2 and the applicant, it is hereby directed that the Sessions Judge, Kushi Nagar shall transfer the Session Trial No.185 of 2014 (State vs. Shatrudhan Maurya), arising out of Case Crime No. 376 of 2012, under Sections 363, 366, 506, 376 I.P.C., Police Station Nebua Naurangia, District- Kushi Nagar from the court of F.T.C.-II, Kushi Nagar at Padrauna to any other court having competent jurisdiction which shall be decided after recording evidence of the parties within a period of four months from the date of production of certified copy of the order.
Learned counsel for the applicant undertakes to place the order before the Sessions Judge, Kushi Nagar within a week.
With the aforesaid observations, the present application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 26.11.2019 Vikas